Legal Question in Criminal Law in New York
My husband got a misdemeanor possession charge in the state of NY almost 5 years ago. It was a first offense and he has had no charges since. Everything that we have read says that after 3 years it should be sealed. Is this true and if so would it show up on a background check for a job? It is not a government job or anything that would require any weapon carrying. Just a standard job background check.
1 Answer from Attorneys
That is inaccurate. It should be sealed at the time of sentencing. But, it is not mandated to be sealed. Your lawyer must make an application for sealing it. Also, there are 2 types of sealing orders. What you should do is retain counsel to see if it's sealed and, if not, retain counsel to seal it at this point. You can call us at 914-777-2990 to discuss pricing for the services described.
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